S.Satheesh Kumar v. The Registrar Cum Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.09.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.NOS.2872, 5870, 6349, 6351, 6354, 6487, 6637, 7094, 7128, 7152, 7135, 7143, 7154,7147, 7665, 7885, 8357, 8363, 9339, 9553, 9276,10646, 9809 OF 2021 AND WMP.NOS.6465, 6462, 3213, 3211, 6962, 6964, 6967, 6971, 6968, 6972, 7067, 7068, 7194, 7193, 7616, 7617, 7646, 7660, 7672, 7674, 7675, 7667, 7671, 7648, 7651, 7662, 7666, 7652, 8190, 8911, 8915, 9925, 9924, 9838, 10152, 10154, 9842, 11254, 11256, 10443 & 10445 OF 2021 S.SATHEESH KUMAR ... PETITIONER IN WP.NO.2872 OF 2021 M.VENKATESAN ... PETITIONER IN WP.NO.5870 OF 2021 M.KUMARESAN ... PETITIONER IN WP.NO.6349 OF 2021 P.KUMARESAN ... PETITIONER IN WP.NO.6351 OF 2021 A.K.ALAGAPPA ... PETITIONER IN WP.NO.6354 OF 2021 R.ARAVINTH ... PETITIONER IN WP.NO.6487 OF 2021 R.AARTHI ... PETITIONER IN WP.NO.6637 OF 2021 A.SUGAVANAM ... PETITIONER IN WP.NO.

7094 OF 2021 C.TAMILMANI ... PETITIONER IN WP.NO.7128 OF 2021 R.SUNDARRARAJ ... PETITIONER IN WP.NO.7135 OF 2021 P.RAMAHANDRAN ... PETITIONER IN WP.NO.7143 OF 2021 A.PREMKUMAR ... PETITIONER IN WP.NO.7147 OF 2021 M.ARUNGIRI ... PETITIONER IN WP.NO.7152 OF 2021 S.AMUTHAREKHA ... PETITIONER IN WP.NO.7154 OF 2021 A.NEHRU ... PETITIONER IN WP.NO.7665 OF 2021 P.SANTHI ... PETITIONER IN WP.NO.

S.THEERAN ... PETITIONER IN WP.NO.8357 OF 2021 A.NAYEEM AHMED ... PETITIONER IN WP.NO.8363 OF 2021 M.SANKAR ... PETITIONER IN WP.NO.9339 OF 2021 V.VISHNUDEVAN ... PETITIONER IN WP.NO.9553 OF 2021 R.SURIYA KANTH ... PETITIONER IN WP.NO.9276 OF 2021 N.SURESH ... PETITIONER IN WP.NO.9809 OF 2021 M.RANJITHA ... PETITIONER IN WP.NO.10646 OF 2021 Vs

1. THE REGISTRAR CUM CHAIRMAN THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, 3 YEARS L.L.B. HONS ADMISSION 2020-21 "POOMPOZHIL", 5, DR.D.G.S DHINAKARAN SALAI, CHENNAI 600 028.

... 1st Respondent in All WPs.

2. THE SECRETARY, BAR COUNCIL OF INDIA, NO.21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI - 110 002.

3. THE SECRETARY, BAR COUNCIL OF TAMIL NADU, BAR COUNCIL BUILDING, HIGH COUR CAMPUS, CHENNAI 600 104 ... Respondents 2 to 3 in WP.Nos.2872, 5870, 6349, 6351, 6354, 6487, 6637, 7044, 7128, 7135, 7143, 7147, 7152, 7154, 7665, 8357, 8363, 9339, 9553, 9276, 9809 and 10646 of 2021 1.

THE PRINICIPAL, MADURAI LAW UNIVERSITY, MADURAI .. 4th Respondent in WP.No.5870 OF 2021

1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT COIMBATORE MARUDHAMALAI ROAD, POST, BHARATHIYAR UNIVERSITY, COIMBATORE, TAMIL NADU 641 046.

... 4th Respondent in WP.Nos.6349, 6351 & 7147 OF 2021 1.

THE PRINCIPAL, GOVERNMENT LAW COLLEGE AT MADURAI, DR.S.V.K.THANGARAJ SALAI ROAD, TALLAKULAM, MADURAI-625 020.

... 4th Respondent in WP.No.6354, 7135 & 7154 of 2021 1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT SALEM, MANIYANUR MAIN ROAD, KATHAYAMMAL NAGAR, MANIYANUR, SALEM 636 002.

... 4th Respondent in WP.No.6487 & 9553 OF 2021 1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE, MADURAI 625 020 ... 4th Respondent in WP.No.6637 OF 2021 1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE, AT DHARMAPURI, C K SRINIVASA RAO STREET, DHARMAPURI 636 701 ... 4th Respondent in WP.No.7128 OF 2021 1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT TRICHY, RACE COURSE ROAD, NEAR ANNA STADIUM, KAJAMALAI COLONY, TIRUCHIRAPALLI - 620 023 ... 4th Respondent in WP.No.7152 OF 2021 1.

THE PRINICIPAL GOVERNMENT LAW COLLEGE AT CHENNAI, PUDHUPAKKAM, SIRUSERI, CHENNAI ... 4th Respondent in WP.No.7143 OF 2021

1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT TIRUCHIRAPALLI, SANKARANKOVIL-THIRUNELVELI ROAD, PALLAYAMKOTTAI, THIRUNELVELI 627 011 ... 4th Respondent in WP.No.7665 OF 2021 1.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT COIMBATORE, MARUDHAMALAI ROAD, COIMBATORE, TAMIL NADU 641 046 ... 4th Respondent in WP.No.9276 OF 2021 1.

THE PRINICIPAL GOVERNMENT LAW COLLEGE AT VILLUPURAM, OPP, CHENNAI SILKS SALAMEDU, VILLUPURAM TAMIL NADU 605 602 ... 4th Respondent in WP.No.9809 OF 2021 Prayer in WP.No.2872 of 2021:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified Mandamus to call for the records of the first respondent in connection with the petitioner's application No.HLL32050090 dated 03.02.2021 for 3 years L.L.B.Hons.Degree Course for Admission 2020-21 published in the website of the first respondent with remarks as "HSC not studied" and quash the same as illegal and consequently direct the first respondent to consider the petitioner's application for 3 years LLB Hons. Degree Course 2020-2021 admission.

WP No.5870 of 2021:- call for the records relating to the petitioner bearing Application No.ALC 32 000402 and quash the rejection of petitioners application as per the impugned order and direct the 1st Respondent herein to grant admission to the petitioner LLB (3 years) Degree Course in Madurai Law College, Madurai in the academic year 2020 - 21 pursuant to the petitioners application bearing Application No. ALC 32 000402 WP No.6349 of 2021:- To call for the records of the first respondent in connection with the petitioner Applications No.ALC32001428 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated Law colleges in TamilNadu Published in the website of the first

respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LLB degree course for admission 2020-2021 for affiliated law colleges in TamilNadu WP No.6351 of 2021:- To call for the records of the first respondent in connection with the petitioner Applications No.ALC32001302 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated Law colleges in TamilNadu Published in the website of the first respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LLB degree course for admission 2020-2021 for affiliated law colleges in TamilNadu WP No.

6354 of 2021:- To call for the records of the first respondent in connection with the petitioner Applications No.ALC32004550 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated Law colleges in TamilNadu Published in the website of the first respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LLB degree course for admission 2020-2021 for affiliated law colleges in TamilNadu WP No.6487 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No. ALC32003565 for 3 years L. L.

B Degree course for Admission 2020 - 21 published in the website of the first respondent with remarks as Degree Incomplete and quash the same as illegal and consequently direct the first respondent to grant admission to the petitioner in 3 years LLB Degree course 2020 - 21 admission in Salem Law College, Salem WP No.6637 of 2021:- Calling for the records relating to the petitioners application bearing Application No.

application as per the impugned order and direct the 1st respondent herein to grant admission to the petitioner in LLB (3 Year) degree course in the 4th respondent college for the academic year 2020 - 2021 pursuant to the petitioners application bearing Application No. ALC32004568 WP No.7094 of 2021:- To call for the records in respect of rejection for admission to 1st year LLb 3 Years course to the petitioner by the 1st Respondent and quash the same, consequent to direct the 1st respondent to accept the application of the petitioner bearing No.ALC 32 004865 and admit him in 1st year LL.B 3 Years course for the academic year 2020-2021.

WP No.7128 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.ALC32003069 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in TamilNadu published in the website of the first respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LL B Degree course for admission 2020-2021 for affiliated law college law colleges in TamilNadu WP No.7152 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.ALC32064094 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in TamilNadu published in the website of the first respondent dated 3.3.

2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LL B Degree course for admission 2020-2021 for affiliated law college law colleges in TamilNadu WP No.7135 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.ALC32001917 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in TamilNadu published in the website of the first respondent dated 3.3.

quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LL B Degree course for admission 2020-2021 for affiliated law college law colleges in TamilNadu WP No.7143 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.HLL32061653 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in TamilNadu published in the website of the first respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LL B Degree course for admission 2020-2021 for affiliated law college law colleges in TamilNadu WP No.

7154 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.ALC32060079 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in TamilNadu published in the website of the first respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LL B Degree course for admission 2020-2021 for affiliated law college law colleges in TamilNadu WP No.7147 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.ALC32064591 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in TamilNadu published in the website of the first respondent dated 3.3.

2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LL B Degree course for admission 2020-2021 for affiliated law college law colleges in TamilNadu WP No.7665 of 2021:- To direct the First Respondent to grant Admission to the Petitioner in Application No ALC 32066625 for 3 years L.L.B. Degree course admission 2020-21 in Tirunelvlei Law College.

WP No.7885 of 2021:- To Direct the respondent to admit the petitioner to three year LL.B course in any one of the affiliated Government Law colleges in Chennai for the academic year 2020- 2021 as per the admission notificaton dated 02/08/2020.

WP No.8357 of 2021:- Call for the records of the first respondent in connection with the Petitioner Application No ALC32000807 for 3 years LLB Degree Course for Admission 2020-21 for affiliated law colleges in Tamil Nadu Published in the website of the first Respondent dated 2.3.2021 with remarks as HSC not stuided and quash the same as illegal and cosnequently direct the first respodent to consider the Petitioner application for 3 years LLB Degree course for Admission 2020-21 for affiliated law colleges in Tamil Nadu.

WP No.8363 of 2021:- Call for the records of the first respondent in connection with the Petitioner Application No ALC32000657 for 3 years LLB Degree Course for Admission 2020-21 for affiliated law colleges in Tamil Nadu Published in the website of the first Respondent dated 2.3.2021 with remarks as HSC not stuided and quash the same as illegal and cosnequently direct the first respodent to consider the Petitioner application for 3 years LLB Degree course for Admission 2020-21 for affiliated law colleges in Tamil Nadu.

WP No.9339 of 2021:- To call for the records of the first respondents admission notification (Advt.No.70 / Regr / Law Admissions - 2020 - 2021) for 3 years L.L.B.Degree course for Admission 2020 - 2021 for affiliated law colleges in Tamilnadu published in the website of the first respondent dated 2.8.2020 with conditional note stating Candidates who have completed 10 plus 2 plus 3 stream alone are eligible and quash the same as illegal of to rescind the conditional note on the admission notification of the first respondent and consequently direct the first respondent to consider the petitioner application for 3 years LLB Degree course admission 2020-2021 for affiliated law colleges in Tamilnadu

WP.No.9553 of 2021:- To call for the records of the 1st respondent in connection with the petitioner Application No.ALC32067580 for 3 years L.L.B Degree course for Admission 2020 -2021 for affiliated law colleges in Tamil Nadu published in the website of the 1st respondent dated 02/03/2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the 1st respondent to consider the petitioner application for 3 years LLB Degree course for admission 2020 - 2021 for affiliated law colleges in Tamil Nadu.

WP.No.9276 of 2021:- To call for the records of the first respondent in connection with the petitioner Application No.ALC 32060943 for 3 years L.L.B Degree course for Admission 2020-2021 for affiliated law colleges in Tamilnadu published in the website of the first respondent dated 3.3.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LLB Degree course for admission 2020-2021 for affiliated law colleges in Tamilnadu WP.No.10646 of 2021:- To call for the records of the first respondent in connection with the Petitioner Application No.ALC32068119 for 3 years L.L.B.Degree Course for Admission 2020-2021 for affiliated law colleges in Tamilnadu Published in the website of the first respondent, dated 02.03.2021 with remarks as HSC not studied and quash the same as illegal and consequently direct the first respondent to consider the petitioner application for 3 years LLB Degree course for admission 2020-2021 for affiliated law colleges in Tamilnadu.

WP No.9809 of 2021:- To call for the records of the 1st respondent in connection with the petitioner Application No.ALC 32065855 for 3 years L.L.B. degree course for Admission 2020 -2021 for affiliated law colleges in Tamil Nadu published in the website of the 1st respondent dated 02/03/2021 and quash the same as illegal and consequently direct the 1st respondent to consider the petitioner application for 3 years LLB Degree course for admission 2020 -2021 for affiliated law colleges in Tamil Nadu.

For Petitioner in WP.Nos.8357,8363,10646 : M/s.S.Revathy 2872, 6349, 6351, 6354, 6487 & 7665 of 2021 For Petitioner in WP.No.5870 OF 2021 : Mrs.A.L.Ganthimathi For Petitioner in WP.No.6637 OF 2021 : M/s.K.Hemakarthikeyan For Petitioner in WP.No.7094 OF 2021 : Mr.R.Malaichamy For Petitioner in WP.Nos.7128, 7135, 7143, 7147, 7152, 7154, 9553, 9276, : Mr.S.Kolandasamy For Petitioner in WP.No.7885 OF 2021 : Mr.Jayanandkumar For Petitioner in WP.No.9339 OF 2021 : Mr.N.Thamizhanban For Respondents : Dr.A.Thiyagarajan, Senior counsel (in all WPs) for Mr.V.Vasantha Kumar Standing counsel for R1 Mr.S.R.Raghunathan for R2 Mr.C.K.Chandrasekar for R3 Mr.A.Selvendran, Government Advocate for 4th Respondent in 5870, 6349, 6351, 7147, 6354, 7135, 7154, 6487, 9553, 6637, 7128, 7143, 7152, 7665, 9276, 9809 OF 2021 C O M M O N O R D E R The issue involved in all these writ petitions are common and hence, they are taken up together, heard and disposed of through this common order.

2.

The petitioners in all these writ petitions have completed up to 10th standard and thereafter, had pursued with Diploma courses for a period of 3 years and have joined the Engineering Degree course through lateral entry and completed the course for 3 years. In short, the petitioners have completed 10+3+3 and thereafter, have applied for admission for the 3 year law course conducted by the Tamil Nadu Dr. Ambedkar Law University.

3.

The Law university has taken a stand that 10+3+3 is not recognised as per the norms/eligibility fixed by the Bar Council of India and hence, the petitioners do not possess the necessary eligibility for being admitted in the 3 year Law course. This decision taken by the Law University has been put to challenge. 4.

Heard the learned counsel appearing for the petitioner and Dr.A.Thiyagarajan, learned Senior counsel, for Mr.V.Vasantha Kumar, learned Standing counsel for 1st respondent and Mr.S.R.Raghunathan, learned Standing counsel for 2nd respondent and Mr.C.K.Chandrasekar, learned counsel for 3rd respondent. 5.

When the matter was taken up for hearing, Mr.S.R.Raghunathan, learned Standing counsel appearing on behalf of the Bar Council of India submitted that the eligibility of those candidates, who have completed 10+3+3 is now under consideration by the Bar Council of India and a decision will be taken at the earliest. The learned counsel submitted that under the Bar Council of India Rules Part 4 Rules of Legal Education, 2008, provides for eligibility for admission under Rule 5 of Chapter II. The learned counsel submitted that this eligibility fixed by the Bar Council of India is followed by the University. Therefore, since the matter is under consideration by the Bar council of India, some time may be fixed by this Court to enable the Bar Council of India to take a decision.

6.

In view of the specific stand taken by the Bar Council of India, it will be appropriate to fix some time limit to enable the Bar Council of India to take a decision. If the Bar Council of India determines that 10+3+3 will also be eligible for admission to the 3 year law course, it will automatically enure to the benefit of the petitioners. If the university is aggrieved by the same, it is always open to them to challenge the same in accordance with law. If on the other hand, the Bar Council of India takes a decision that 10+3+3 is not eligible for admission to the 3 year law course, it will be left open to the students to challenge the same in the manner known to law. 7.

In view to the above discussion, there shall be a direction to the Bar Council of India to take a decision with regard to the eligibility of the students, who have undergone 10+3+3 for admission to the 3 year law course, within a period of 8 weeks from the date of receipt of copy of this order. Depending upon the decision taken by the Bar council of India, it is left open to the University and the students to work out their remedy in accordance with law. Till a final decision is

taken by the Bar Council of India, the status quo as on today shall be maintained.

8.

All these writ petitions are disposed of with the above directions. No costs. Consequently all connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rka To 1.

THE REGISTRAR CUM CHAIRMAN, THE TAMIL NADU DR.AMBEKDAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, 3 YERS L.L.B HONS. ADMISSION 2020 - 21, POOMPOZHIL 5 DR.D.G.S.DHINAKARAN SALAI, CHENNAI 600 028.

2.

THE SECRETARY, BAR COUNCIL OF INDIA, NO.21, ROUSE AVENUE, INSTITUTIONAL AREA, NEW DELHI 110 002.

3.

THE SECRETARY, BAR COUNCIL OF TAMIL NADU, BAR COUNCIL BUILDING, HIGH COURT CAMPUS, CHENNAI 600 104.

4.

THE PRINICIPAL MADURAI LAW UNIVERSITY, MADURAI 5.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT COIMBATORE MARUDHAMALAI ROAD, POST, BHARATHIYAR UNIVERSITY, COIMBATORE, TAMIL NADU 641 104

6.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT SALEM, MANIYANUR MAIN ROAD, KATHAYAMMAL NAGAR, MANIYANUR, SALEM 636 002 7.

THE PRINCIPAL GOVERNMENT LAW COLLEGE, MADURAI 625 020 8.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT DHARMAPURI, C K SRINIVASA RAO STREET, DHARMAPURI 636 701 9.

THE PRINCIPAL GOVERNMENT LAW COLLEGE AT TRICHY, RACE COURSE ROAD, NEAR ANNA STADIUM, KAJAMALAI COLONY, TIRUCHIRAPALLI - 620 023.

10. THE PRINICIPAL GOVERNMENT LAW COLLEGE AT CHENNAI, PUDHUPAKKAM, SIRUSERI, CHENNAI

11. THE PRINICIPAL GOVERNMENT LAW COLLEGE AT MADURAI, DR THANGARAJ ROAD, THALLAKULAM, MADURAI 625 020

12. THE PRINCIPAL GOVERNMENT LAW COLLEGE AT TIRUCHIRAPALLI, SANKARANKOVIL-THIRUNELVELI ROAD, PALLAYAMKOTTAI, THIRUNELVELI 627 011 13.

THE CHAIRMAN, LAW ADMISSIONS, TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, NO.5 DR DGS DINAKARAN SALAI, RAJA ANNAMALAIPURAM, CHENNAI 600 028

14. THE PRINCIPAL GOVERNMENT LAW COLLEGE AT COIMBATORE, MARUDHAMALAI ROAD, COIMBATORE, TAMIL NADU 641 046

15. THE PRINICIPAL GOVERNMENT LAW COLLEGE AT VILLUPURAM, OPP, CHENNAI SILKS, SALAMEDU, VILLUPURAM TAMIL NADU 605 602 +1cc to M/s.AL.Gandhimathi, Advocate, S.R.No.44128 +1cc to Mr.R.Malaichamy, Advocate, S.R.No.43831 +1cc to Mr.Jayanandkumar, Advocate, S.R.No.43843 W.P.Nos.2872 , 5870, 6349, 6351, 6354, 6487, 6637, 7094, 7128, 7152, 7135, 7143, 7154,7147, 7665, 7885, 8357, 8363, 9339, 9553, 9276,10646, 9809 of 2021 and WMP Nos.6465, 6462, 3213, 3211, 6962, 6964, 6967, 6971, 6968, 6972, 7067, 7068, 7194, 7193, 7616, 7617, 7646, 7660, 7672, 7674, 7675, 7667, 7671, 7648, 7651,7662, 7666, 7652, 8190, 8911, 8915, 9925,9924, 9838, 10152, 10154, 9842, 11254, 11256, 10443 & 10445 of 2021 JP(CO) CS/03/09/2021